Suchergebnisse

The state governance model is established by Constitution. In the Constitution of the Republic of Lithuania, there is a separate section dedicated to local self-governance and its management, that shows not only the state's recognition of local self-governance, but also the principles of local self-governance mentioned in the Constitution of the Republic of Lithuania. There are sixty separate territorial administrative units in Lithuania, which are guaranteed the right of self-governance, which is implemented by municipal councils elected during secret elections. After the frst direct elections of mayors held on March 1, 2015, even in sixteen municipalities (Birštonas municipality, Druskininkai municipality, Ignalina district municipality, Jonava district municipality, Kaunas district municipality, Lazdijai district municipality, Marijampolė municipality, Neringa municipality, Pagėgiai municipality, Palanga municipality, Pasvalys district municipality, Rietavas municipality, Šakiai municipality, Šalčininkai municipality, Vilkaviškis district municipality, Vilnius district municipality) one of the political parties or political organizations (movements) in the municipalities and districts of Lithuania won an absolute majority, which further emphasizes the importance of securing the rights of the minority (opposition).The Constitutional Court of the Republic of Lithuania has also noted that taking into account the fact that the Constitution of the Republic of Lithuania implies the defense of the parliamentary minority, the minimum requirements for the protection of the opposition of the Lithuanian parliament, as well as the fact that the recognition of parliamentary opposition is an essential element of pluralistic democracy. The Statute of the Lithuanian parliament (Seimas) may establish guarantees of opposition activities: certain places and positions in the committee, opposition leader status, initiation of work places and commissions, etc. The systematic appraisal of the provisions of the Law on Local Self-Government of the Republic of Lithuania shows that the obligation to form in each municipality the Control Committee, the Anti-Corruption and Ethics commissions, whose candidacy is delegated by the municipal council's opposition, is one of the ways provided by the legislator to ensure the minority rights recognized in pluralistic democracy in self-governance. As there are 60 separate territorial administrative units (municipalities) in the Republic of Lithuania, in which there is a different demographic and political situation, different regulation of municipal councils, composition of municipal councils, therefore different management traditions are formed in them. In the absence of a suffcient defnition of minority rights of municipal councils, which ensure the possibilities of opposition activities, the medium develops into oligarchic tendencies. The poor control of decisions taken by municipal councils and administrative actions as well as a flawed legislative framework make it possible to form situations in which the democratic values and the protection of individual rights and freedoms are threatened. The abundance of the problems of the legal regulation of municipalities is indicated by the fact that since 1994, the Law on Local Self-Government of the Republic of Lithuania has been amended even 124 times. In the Constitution of the Republic of Lithuania (25th October 1992), a separate section is devoted to local selfgovernance and its management. This is understood as the importance given by the state to self-governance, as an independent state of governance, which unconditionally depends on legal regulation. Therefore, this article overviews the gaps in the legal regulation and the political problems that affect the principles of democracy and the system of leverage and balance between the majority of municipal councils and minorities in the local selfgovernance of the Republic of Lithuania. In each municipal council, the presence of an opposition (minority) is not only a normative phenomenon, but also a necessary expression of democracy. In essence, the opposition has two main functions: frstly, this does not allow one party to entrench and curtails government selfshness as well as helps to maintain the constitutional model of governance. Secondly, because the political decisions are not perfect, the opposition points out the mistakes and shortcomings of the governance. Opposition works as an instrument to restrict governance and cultivate social peace. Depending on the subject matter, the aim and objectives of the research paper, the document analysis method was used for data collection and analysis. Data sources are as follows: National legislation, European Union and international legal acts, rulings of the Constitutional Court of the Republic of Lithuania, current Case law, related scientifc works, and offcial statistical indicators. The method of systematic analysis is applied in complex examination of legal norms and relevant jurisprudence in the aspect of ensuring the rights of minority municipal councils. The monitoring method was used in making proposals for the improvement of the Law on Local Self-Government of the Republic of Lithuania. The author of the article has accumulated practical experience in the area of legal regulation of local selfgovernance of the Republic of Lithuania, starting from 2011 until now as a member of the municipal council. The method of summarizing was used to summarize the collected and analyzed research data and to formulate conclusions and suggestions.

The state governance model is established by Constitution. In the Constitution of the Republic of Lithuania, there is a separate section dedicated to local self-governance and its management, that shows not only the state's recognition of local self-governance, but also the principles of local self-governance mentioned in the Constitution of the Republic of Lithuania. There are sixty separate territorial administrative units in Lithuania, which are guaranteed the right of self-governance, which is implemented by municipal councils elected during secret elections. After the frst direct elections of mayors held on March 1, 2015, even in sixteen municipalities (Birštonas municipality, Druskininkai municipality, Ignalina district municipality, Jonava district municipality, Kaunas district municipality, Lazdijai district municipality, Marijampolė municipality, Neringa municipality, Pagėgiai municipality, Palanga municipality, Pasvalys district municipality, Rietavas municipality, Šakiai municipality, Šalčininkai municipality, Vilkaviškis district municipality, Vilnius district municipality) one of the political parties or political organizations (movements) in the municipalities and districts of Lithuania won an absolute majority, which further emphasizes the importance of securing the rights of the minority (opposition).The Constitutional Court of the Republic of Lithuania has also noted that taking into account the fact that the Constitution of the Republic of Lithuania implies the defense of the parliamentary minority, the minimum requirements for the protection of the opposition of the Lithuanian parliament, as well as the fact that the recognition of parliamentary opposition is an essential element of pluralistic democracy. The Statute of the Lithuanian parliament (Seimas) may establish guarantees of opposition activities: certain places and positions in the committee, opposition leader status, initiation of work places and commissions, etc. The systematic appraisal of the provisions of the Law on Local Self-Government of the Republic of Lithuania shows that the obligation to form in each municipality the Control Committee, the Anti-Corruption and Ethics commissions, whose candidacy is delegated by the municipal council's opposition, is one of the ways provided by the legislator to ensure the minority rights recognized in pluralistic democracy in self-governance. As there are 60 separate territorial administrative units (municipalities) in the Republic of Lithuania, in which there is a different demographic and political situation, different regulation of municipal councils, composition of municipal councils, therefore different management traditions are formed in them. In the absence of a suffcient defnition of minority rights of municipal councils, which ensure the possibilities of opposition activities, the medium develops into oligarchic tendencies. The poor control of decisions taken by municipal councils and administrative actions as well as a flawed legislative framework make it possible to form situations in which the democratic values and the protection of individual rights and freedoms are threatened. The abundance of the problems of the legal regulation of municipalities is indicated by the fact that since 1994, the Law on Local Self-Government of the Republic of Lithuania has been amended even 124 times. In the Constitution of the Republic of Lithuania (25th October 1992), a separate section is devoted to local selfgovernance and its management. This is understood as the importance given by the state to self-governance, as an independent state of governance, which unconditionally depends on legal regulation. Therefore, this article overviews the gaps in the legal regulation and the political problems that affect the principles of democracy and the system of leverage and balance between the majority of municipal councils and minorities in the local selfgovernance of the Republic of Lithuania. In each municipal council, the presence of an opposition (minority) is not only a normative phenomenon, but also a necessary expression of democracy. In essence, the opposition has two main functions: frstly, this does not allow one party to entrench and curtails government selfshness as well as helps to maintain the constitutional model of governance. Secondly, because the political decisions are not perfect, the opposition points out the mistakes and shortcomings of the governance. Opposition works as an instrument to restrict governance and cultivate social peace. Depending on the subject matter, the aim and objectives of the research paper, the document analysis method was used for data collection and analysis. Data sources are as follows: National legislation, European Union and international legal acts, rulings of the Constitutional Court of the Republic of Lithuania, current Case law, related scientifc works, and offcial statistical indicators. The method of systematic analysis is applied in complex examination of legal norms and relevant jurisprudence in the aspect of ensuring the rights of minority municipal councils. The monitoring method was used in making proposals for the improvement of the Law on Local Self-Government of the Republic of Lithuania. The author of the article has accumulated practical experience in the area of legal regulation of local selfgovernance of the Republic of Lithuania, starting from 2011 until now as a member of the municipal council. The method of summarizing was used to summarize the collected and analyzed research data and to formulate conclusions and suggestions.

This article focuses on the evolution of Polish minority responses to Lithuanian minority policies in the post-EU-accession period. State-minority conflicts in Lithuania have not generated violence or minority radicalization, despite continuing discontent among members of the state's Polish minority (which constitutes Lithuania's largest ethnic minority population) and the failure of the Lithuanian state to resolve the causes of discontent. Employing Smooha's concept of ethnic democracy, the article addresses this puzzle through an ethnographic exploration of the views held by members of the Polish minority about the Lithuanian state's policies of nation-building. The findings reveal a diverse set of critical perceptions among Poles in Lithuania, which emphasize the ineffectiveness of state policies in addressing minority needs. However, a shared perception of threat from Russia, generated after the Russian annexation of Crimea in 2014, helps to sustain the regime's stability and its strategy of stalling the resolution of minority concerns.

This article focuses on the evolution of Polish minority responses to Lithuanian minority policies in the post-EU-accession period. State-minority conflicts in Lithuania have not generated violence or minority radicalization, despite continuing discontent among members of the state's Polish minority (which constitutes Lithuania's largest ethnic minority population) and the failure of the Lithuanian state to resolve the causes of discontent. Employing Smooha's concept of ethnic democracy, the article addresses this puzzle through an ethnographic exploration of the views held by members of the Polish minority about the Lithuanian state's policies of nation-building. The findings reveal a diverse set of critical perceptions among Poles in Lithuania, which emphasize the ineffectiveness of state policies in addressing minority needs. However, a shared perception of threat from Russia, generated after the Russian annexation of Crimea in 2014, helps to sustain the regime's stability and its strategy of stalling the resolution of minority concerns.

This article focuses on the evolution of Polish minority responses to Lithuanian minority policies in the post-EU-accession period. State-minority conflicts in Lithuania have not generated violence or minority radicalization, despite continuing discontent among members of the state's Polish minority (which constitutes Lithuania's largest ethnic minority population) and the failure of the Lithuanian state to resolve the causes of discontent. Employing Smooha's concept of ethnic democracy, the article addresses this puzzle through an ethnographic exploration of the views held by members of the Polish minority about the Lithuanian state's policies of nation-building. The findings reveal a diverse set of critical perceptions among Poles in Lithuania, which emphasize the ineffectiveness of state policies in addressing minority needs. However, a shared perception of threat from Russia, generated after the Russian annexation of Crimea in 2014, helps to sustain the regime's stability and its strategy of stalling the resolution of minority concerns.

This article focuses on the evolution of Polish minority responses to Lithuanian minority policies in the post-EU-accession period. State-minority conflicts in Lithuania have not generated violence or minority radicalization, despite continuing discontent among members of the state's Polish minority (which constitutes Lithuania's largest ethnic minority population) and the failure of the Lithuanian state to resolve the causes of discontent. Employing Smooha's concept of ethnic democracy, the article addresses this puzzle through an ethnographic exploration of the views held by members of the Polish minority about the Lithuanian state's policies of nation-building. The findings reveal a diverse set of critical perceptions among Poles in Lithuania, which emphasize the ineffectiveness of state policies in addressing minority needs. However, a shared perception of threat from Russia, generated after the Russian annexation of Crimea in 2014, helps to sustain the regime's stability and its strategy of stalling the resolution of minority concerns.

The European regional human rights system, apart from establishing the general basis of the right to be taught in a minority language (Article 2 of Protocol 1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms), directly ensures the right to be taught in a minority language (Article 14 of the Framework Convention for the Protection of National Minorities). It is worth emphasizing that the enjoyment of the right to be taught in a minority language depends on certain conditions: 1) the state's area traditionally or substantially inhabited by persons belonging to national minorities; 2) a sufficient demand of teaching in a minority language. Neither of these conditions are defined in the Convention. The Advisory Committee also does not define the above-mentioned terms: the Committee evaluates the practise of the particular state and individually qualifies whether the particular state's practise conforms to the Convention provisions. The enjoyment of the right to be taught in a minority language should not become a tool promoting disjuncture of national minorities. Following the above-mentioned notions, the national legislation of the Republic of Lithuania is analysed in this article.

The European regional human rights system, apart from establishing the general basis of the right to be taught in a minority language (Article 2 of Protocol 1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms), directly ensures the right to be taught in a minority language (Article 14 of the Framework Convention for the Protection of National Minorities). It is worth emphasizing that the enjoyment of the right to be taught in a minority language depends on certain conditions: 1) the state's area traditionally or substantially inhabited by persons belonging to national minorities; 2) a sufficient demand of teaching in a minority language. Neither of these conditions are defined in the Convention. The Advisory Committee also does not define the above-mentioned terms: the Committee evaluates the practise of the particular state and individually qualifies whether the particular state's practise conforms to the Convention provisions. The enjoyment of the right to be taught in a minority language should not become a tool promoting disjuncture of national minorities. Following the above-mentioned notions, the national legislation of the Republic of Lithuania is analysed in this article.

The research analysis the protection of ethnic minority rights in Lithuania. Ethnic minority rights are a part of human rights therefore the whole analysis is based precisely on human rights. The law implementation of national minorities in Lithuania is analyzed based on national and international law acts. This analysis shows that the protection and implementation of ethnic minority rights is a relevant legal issue, largely influenced by the law of the European Union. This issue is regulated by adopting national and international law acts, however, as long as the transposition of the legal acts into the national law is not without flaws, the human rights in the field of ethnic minority right protection will be vulnerable to an improper implementation. In research ethnic minority conception is discussed, analyzing its historic aspect. It's also analyzes the constitutional status of ethnic minorities in a democratic society with reference to principle of equality in compare with prohibition of discrimination. Research analyzes an international regulation in the field of ethnic minority right protection, specifically the establishment of ethnic minority rights in the European Union legislation and in the frameworks of the United Nations. And also an ordinary legislative regulation in the field of ethnic minority right protection is discussed.

National minority language policy is an object of this master thesis. It aims at analyzing how minority language policy is being formed in Lithuania and Romania. Goals of the thesis are: to analyze types of language policy and models of language planning; concept of national minority in social sciences, international law and European countries – Lithuania and Romania; development and regulations of European minorities' linguistic rights as well as language policy of the European Union; to research minority language policy in Lithuania and Romania as well as reception of minority language policy in Lithuania and Romania and to compare implementation of minority language policy in these two countries. There is no single description neither for national minority nor for language policy. However, national minority is often understood as a group of people, who historically live in the territory of another country, and have unique linguistic, cultural, sometimes – religious identity. Therefore, language is a part and parcel of minority's identity. So, it is very important that language policy would ensure rights of minority language's users and help to preserve minority's linguistic identity. Language policies in Lithuania and Romania can be described as combining types of official language valuation policy and different judicial status policy. Romanian language policy also meets definition of bilingualism (territorialized personal rights), because it allows usage of minority language in local public administration and public inscriptions. In Lithuania main laws regulating minority language policy are law of national minorities (expired in 2010) and law of education. Current law of education will be replaced by new one in July, 2011. This law, which strengthens education of minorities in the State language, caused lots of discussions in the society and pretty negative evaluation of the biggest national minorities, especially Polish. Meanwhile Romania recently directed its minority language policy in different way. Here new law of education was also accepted in the beginning of 2011. It ensured teaching of all subjects in the language of national minority. The law was followed by various reactions and critics in society. However, it can be considered as a victory of national minorities. Another law, important for Romania's minorities, is law of local public administration, which grants right to regional bilingualism. Focus group research as well as content analysis in Lithuania and Romania helped to investigate reception of minority language policy in the society. It may be described as quite positive, especially in Lithuania. Even if in both countries respondents admitted that they didn't look for information about minority language policy on purpose, they were interested and sensitive towards focus groups' topics, especially regarding education and integration of national minorities. Respondents critically valued aims of biggest minorities (Polish and Hungarians) to gain more rights. However, at the moment of the research they didn't feel threat for the State language. Content analysis revealed that recently Lithuanian media allotted more attention to minority language policy than Romanian media. However, the most popular minority language policy issue in both countries' was education and new law of education. Variety of opinions and arguments (of both national majority and minorities) was presented here. At the moment main aim for Lithuanian legislators while forming minority language policy is to solve coalition between laws' regulations regarding bilingual inscriptions and approve new law of national minorities. Meanwhile Romania should approve one single law, dedicated to minorities and foreseeing their rights. Both countries should keep on improving minority language policy's legislation in order to satisfy interests and ensure rights of both state and minority languages users.

National minority language policy is an object of this master thesis. It aims at analyzing how minority language policy is being formed in Lithuania and Romania. Goals of the thesis are: to analyze types of language policy and models of language planning; concept of national minority in social sciences, international law and European countries – Lithuania and Romania; development and regulations of European minorities' linguistic rights as well as language policy of the European Union; to research minority language policy in Lithuania and Romania as well as reception of minority language policy in Lithuania and Romania and to compare implementation of minority language policy in these two countries. There is no single description neither for national minority nor for language policy. However, national minority is often understood as a group of people, who historically live in the territory of another country, and have unique linguistic, cultural, sometimes – religious identity. Therefore, language is a part and parcel of minority's identity. So, it is very important that language policy would ensure rights of minority language's users and help to preserve minority's linguistic identity. Language policies in Lithuania and Romania can be described as combining types of official language valuation policy and different judicial status policy. Romanian language policy also meets definition of bilingualism (territorialized personal rights), because it allows usage of minority language in local public administration and public inscriptions. In Lithuania main laws regulating minority language policy are law of national minorities (expired in 2010) and law of education. Current law of education will be replaced by new one in July, 2011. This law, which strengthens education of minorities in the State language, caused lots of discussions in the society and pretty negative evaluation of the biggest national minorities, especially Polish. Meanwhile Romania recently directed its minority language policy in different way. Here new law of education was also accepted in the beginning of 2011. It ensured teaching of all subjects in the language of national minority. The law was followed by various reactions and critics in society. However, it can be considered as a victory of national minorities. Another law, important for Romania's minorities, is law of local public administration, which grants right to regional bilingualism. Focus group research as well as content analysis in Lithuania and Romania helped to investigate reception of minority language policy in the society. It may be described as quite positive, especially in Lithuania. Even if in both countries respondents admitted that they didn't look for information about minority language policy on purpose, they were interested and sensitive towards focus groups' topics, especially regarding education and integration of national minorities. Respondents critically valued aims of biggest minorities (Polish and Hungarians) to gain more rights. However, at the moment of the research they didn't feel threat for the State language. Content analysis revealed that recently Lithuanian media allotted more attention to minority language policy than Romanian media. However, the most popular minority language policy issue in both countries' was education and new law of education. Variety of opinions and arguments (of both national majority and minorities) was presented here. At the moment main aim for Lithuanian legislators while forming minority language policy is to solve coalition between laws' regulations regarding bilingual inscriptions and approve new law of national minorities. Meanwhile Romania should approve one single law, dedicated to minorities and foreseeing their rights. Both countries should keep on improving minority language policy's legislation in order to satisfy interests and ensure rights of both state and minority languages users.

It is worth mentioning that the right to use first names and surnames in minority languages arises from the protection of private and family life (the interpretation of Article 17 of the Covenant and Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms). Therefore, the main difficulty is the interaction between private and family life and state regulation of persons' names and surnames. The Framework Convention for the Protection of National Minorities ensures that every person belonging to a national minority has the right to use his or her surname (patronym) and the first name in the minority language and the right to official recognition of them, according to modalities provided for in their legal system (Article 11(1). The national legislation in Lithuania recognizes the transcription of names and surnames into Lithuanian.

It is worth mentioning that the right to use first names and surnames in minority languages arises from the protection of private and family life (the interpretation of Article 17 of the Covenant and Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms). Therefore, the main difficulty is the interaction between private and family life and state regulation of persons' names and surnames. The Framework Convention for the Protection of National Minorities ensures that every person belonging to a national minority has the right to use his or her surname (patronym) and the first name in the minority language and the right to official recognition of them, according to modalities provided for in their legal system (Article 11(1). The national legislation in Lithuania recognizes the transcription of names and surnames into Lithuanian.

SUMMARY The objective of this Master's Thesis is to analyze and compare Lithuania, Norway, Netherlands and The Great Britain Constitutional human rights and legal provisions wich ensure the rights and freedoms of sexual minorities. With regard to the comparative analysis of the present findings, disclosed the sexual minority rights in Lithuania. The Thesis consists of an introduction followed by two chapters and conclusions. The first chapter deals with the conceptions of sexual minorities and homosexual orientation. Also analyzed the Lithuanian Constitutional human rights and legal provisions wich provide the right to protection, equality, freedom of expression and privacy of sexual minorities. The second section consist legal acts analysis wich regulate sexual minorities rights in Norway, Netherlands and Great Britain. Specifying Constitutional rights and statutory provisions which are providing legal rights to protection, equality, freedom of expression and privacy of sexual minorities. Analyze and compare Lithuania, Norway, Netherlands and Great Britain Constitutional human rights and legal provisions wich ensure the rights and freedoms of sexual minorities. Sexual minorities are groups of people whose sexual orientation, gender identity or sexual characteristics are different from the presumed majority of the population, which are male or female heterosexuals. The term referred primarily to lesbians and gays, bisexuals and transgender people. These four categories are often grouped together and called as LGBT persons. Regarding of society formed stereotypes, these individuals are often faced with the legal and social exclusion. Opposition receives both authorization and prohibition to marry, adopt or publicly promote their way of life. Therefore, sexual minority rights and freedoms is one of the most debated topics in Lithuania and in the world. Article 21 of Lithuania Constitution provides that, the human person is inviolable. Human dignity shall be protected by law. It shall be prohibited to torture, injure, degrade, or maltreat, and to impose such penalties. Article 169 of the Criminal Code prohibit direct discrimination on grounds of sex, sexual orientation, race, nationality, beliefs or other attitudes. Prohibition of sale, produce, acquire to send, carry, keep the things that incite or promote hatred violence and discrimination based on gender, sexual orientation, race, ethnicity, and other cases are provided in the Criminal Code article 170. Article 29 of Lithuania Constitution lay down non-discrimination principle of all persons, other existing legislations guarantees equal rights to all people regardless of gender, sexual orientation, race or ethnic origin, disability, age, religion or belief. Article 2 paragraph 4 of Labour Code provides equality of employment law subjects, regardless of gender, sexual orientation and other circumstances. Article 2 of this act requires the employer to implement equal opportunities at work and in public service. Labour Safety and Health Act guarantees employed safe and healthy working conditions, regardless of the employee's sexual orientation. This act prohibit direct or indirect discrimination on grounds of age, sexual orientation, disability, race or ethnic origin, religion or belief. Article 25 of Lithuania Constitution provides that everyone has the right to hold opinions and to express them freely. Article 36 of Constitution lay, that unarmed citizens have the right in peaceful assembly. These two Constitutional provisions guaranties human right to expression. Country's Criminal Code, the Labour Code, the Occupational Safety and Health Act, the Equal Opportunity Act establishes the prohibition of discrimination on grounds of sexual orientation, but comparing to the rest of the world Lithuania valid legal regulation does not ensure sexual minority rights and freedoms. In Norway, the Netherlands and Great Britain gender identity is stored value of the law and same-sex marriage are legal by the law. These countries have established legal regulation laying down the conditions and gender reassignment procedures. In Netherlands and Great Britain the same sex can form a partnership. There is no statutory regulations, which set the conditions for gender reassignment procedures in Lithuania. Article 2.27 of Lithuanian Civil Code provides that \"an unmarried adult has the right to medically change their sex, if it is medically possible. Sex changing conditions laid down by law". To implement these provisions was prepared draft law regulating the treatment of transsexualism, but due to conflicting public assessment, this law has not been adopted. For this reason in country does not exist discriminatory crimes of sexual identity basis. The country does not allow same-sex marriage or partnership formation. Article 38 of Lithuania Constitution establishes that "marriage are formed in agreement between a man and a woman ''. According to this provision, the same-sex marriage are not available in the Country. Lithuania legal acts unlike in Norway, Netherlands and Great Britain does not include gender identity concept. In Lithuania transsexual person (a person who has a gender identity confusion) rights and freedoms are not guaranteed, because none of the above provisions of the law does not include gender identity grounds. For this reason, information about hate crimes, sexual identity simply does not exist.

In this article, we also analyse the judgment of the European Court of Justice in Audiolux case and its potential outcomes (the said Court put it clearly that the protection of minority shareholders is not the general principle of the European Union). Also, we emphasise that the regulation of mandatory bid does not protect minority shareholders in Lithuania, and raise its main regulatory problems. The supervisory institution should make all efforts to fulfil its obligation to protect the minority shareholders' rights in the mandatory bid procedure, and, secondly, where the major shareholder deliberately rejects to make the mandatory bid, the sanctions that are imposed for the infringement of the laws are not effective.